AIR 2009 SUPREME COURT 571 ::2008 AIR SCW 7706 ::2009 (1) SCC 168 ::(2008) 14 Scale 23 ::2009 (1) Bom CR 47 ::(2009) 1 CTC 174 (SC) ::2009 (3) MadLJ137 ::(2009) 1 AndhLD 24

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. H. Kapadia, Sudershan Reddy , JJ

(A) Constitution of India , Art.226— Relief - Based on concession - Petition against unauthorised use of land by Govt. Corporation without its acquisition - No reply affidavit filed by Govt. or Collector - Oral statement made by officers present in Court through Govt. pleader that land in question was not earlier acquired and same continued to be private land - Further Govt. Corporation in its reply affidavit merely referred to letter received by it from Govt. informing it land in question to be a private land - Said @page-SC572statement and averments in affidavit would not amount to concession recognising title/ownership of land in question in favour of owner, respondent - Such statement by itself cannot confer title in respect of immovable properties on any individual - Disposal of petition at admission stage by High Court without evaluating relevancy and effect of such statements and direction to concerned Collector to acquire land - Not proper. (Para 14 15 18 22 24 28) (B) Constitution of India , Art.226— Writ of mandamus - Cannot be claimed as of right - Unexplained delay and laches in moving High Court - Is adequate ground for refusing writ. ....